The "Extremist Resolution", 28. January 1972
(decree on employment of extremists in the civil service)

In a discussion of the Federal Chancellor and the Prime
Ministers of the Länder 28. January 1972 (on suggestion of the
constant conference of the Ministers of the Interior of the
Lander) the following principles were adopted:

According to the official laws in the federation and
countries

An applicant may only be appointed into public
service who guarantees that he is
committed at any time to the liberal
democratic constitutional structure in the sense
of the Basic Law,

the officials are obligated to engage their self
actively within and outside of the service for
the preservation of this constitutional
structure. These are compelling regulations.

Each individual case must be examined and decided on
individually. The following principles are to be used:

Applicant

An applicant, who develops anti-
constitutional activities, is not engaged
into the public service.

If a civil servant belongs to an
organization, which pursues
anti-constitutional goals, then this
membership justifies doubts about whether
he will be committed at any time for the
liberal democratic constitutional
structure. These doubts usually justify a
refusal of the attitude request.

Officials
An official does not fulfil a civil servant
position by actions or because of his membership
in an organization of anti-constitutional
objective due to the requirements of § 35
official civil service framework law
(Beamtenrechtsrahmengesetz). He is obligated to,
by his entire behaviour to commit to the liberal
democratic constitutional structure in the sense
of the Basic Law and to profess himself for its
preservation. If this results in a breach of duty
[Pflichtverstoß], it shall be for the employer
to decide in each case what measures are to be
taken.

For workers and employees in the public service apply to
the respective tariff-contractual regulations the same
principles apply accordingly.

Source: Bulletin of the Government of the Federal Republic of
Germany no. 15 of 3 February 1972, p. 142 and
Ministerialblatt North Rhine-Westphalia 1972, P. 342.

PS: The formulation "he guarantees that he is
committed at any time ..." comes out of § 4 of the
"Law for the re-establishment of the civil service" (Gesetz(es)
zur Wiederherstellung des Berufsbeamtentums: Imperial
Law Gazette [Reichsgesetzblatt] 1933 I, S. 175-177, 389) from 23
June 1933, given by Adolf Hitler's government, due to the
"enabling act" (Ermächtigungsgesetzes:
Imperial Law Gazette [Reichsgesetzblatt] 1933 I, S. 141), which
suspended parliament. Hitler demanded "commitment to
national state", but the principal remained, that the
citizen has to show his innocence by proving that doubts are not
justified.